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Bombay High CourtBA/1429/2023allowed

Suraj Sudhakar Mahadil v. State Of Maharashtra

2023-09-12Hon'Ble Shri Justice M. S. Karnik4 pages

2023:BHC-AS:26593

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1429 OF 2023 SURAJ SUDHAKAR MAHADIL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Shailesh Chavan a/w Adv. Tejas Modak a/w Adv. Hrishikesh Avhad for the applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 12, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 504, 506 of the Indian Penal Code (hereafter 'IPC' for short) registered on 04.10.2022 vide C.R. No.415 of 2022 with Satara Taluka Police Station.

3.

The date of the incident is 04.10.2022. The applicant was arrested on 04.10.2022. The applicant is the husband of the first informant. There were some disputes between 1/4

the applicant and the first informant. The applicant came to the residence of the first informant on his motorcycle and started abusing the first informant and her mother. On hearing the abuses the neighbours came out. On enquiring as to why the applicant was creating the ruckus, the applicant took out a knife and assaulted three persons who tried to intervene. One of the injured witnesses suffered two grievous injuries on the left chest and above umbilicus. The other two persons suffered simple injuries. The applicant then ran after his mother-in-law. However, she closed the door from inside. The applicant went away on his motorcycle.

4.

Learned APP opposed the application contending that the applicant had assaulted three persons and the possibility of the applicant again assaulting the first informant and her mother cannot be ruled out. 5.

The applicant was arrested on 04.10.2022 and is in custody almost for eleven months. The investigation is complete. The charge-sheet has been filed. There are no criminal antecedents reported against the applicant. The 2/4

trial is likely to take a long time to conclude. There is a recovery of the knife from the applicant. The applicant will face the consequences of the trial. In the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail by imposing conditions. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Suraj Sudhakar Mahadil in connection with C.R. No.415 of 2022 registered with Satara Taluka Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more solvent sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Satara Taluka Police Station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not enter Satara Taluka till conclusion of the trial except for the purpose of reporting to the investigating officer or for attending the trial.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade 3/4

him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(g) Any attempt on the part of the applicant to contact or threaten the victim or the witnesses will be viewed seriously which may result in cancellation of bail.

6.

The application is disposed of.

(M. S. KARNIK, J.) 4/4